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Speech by Mostyn J on spousal maintenance published

The Courts and Tribunals Judiciary website has recently published the text of a speech given by Mr Justice Mostyn on the subject of spousal maintenance. The speech was given to the Devon and Somerset Law Society last October.

In the speech Sir Nicholas asks: "[W]hat is the legal basis for the exercise of the power [to make an award under section 23(1)(a) of the Matrimonial Causes Act 1973]? Put another way, what are the moral factors that guide the exercise of the power?"

To answer the question, he traces the history of spousal maintenance from the MCA 1857 to Mills v Mills [2018] UKSC 38.

To read the text of the speech, click here and follow the link.

3/3/19